BHAKTIBEN V DAVE Vs. PATAN NAGAR PALIKA

JUDGEMENT

(1.) BHAGWATI PRASAD,J. This appeal is directed against the judgment and order dated 24th March 2003 passed by the learned Single Judge in Special Civil Application No.17298 of 2003 whereby the learned Single Judge rejected the petition filed by the petitioner.

(2.) Heard the learned counsel for the parties.

(3.) The learned Single Judge by his decision under challenge has refused the prayer of the petitioner for back wages for the period from 17.11.1989 to 30.12.1998, which was prayed for by the appellant before the learned Single Judge in view of the decision of the Industrial Tribunal. The learned Single Judge came to the conclusion that the said decision of the Industrial Tribunal is not applicable as far as the present appellant is concerned as in the said case the employee therein joined the duty prior to the date of the award which is not in the present case. The learned Single Judge further observed that the award expressly provides conferment of permanency benefits to the employees who are in service from 1977 to 1981, whereas the petitioner joined the service on 18.1.1988 and hence the said decision would not be of no help to the petitioner. Therefore, no back wages were not granted to the appellant.